Loading...
HomeMy WebLinkAbout1984-07-19; City Council; Resolution 76801 2 3 4 5 6 7 E s 1C 13 1; 1: 11 I! It 1' 1; 1$ 2( 2: 2; 2: 21 2! 2r 2' 2i RESOLUTION NO. 7680 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND KERCHEVAL AND ASSOCIATES FOR INSPECTION SERVICES OF THE POINSETTIA LANE BRIDGE - CONTRACT NO. 3079. WHEREAS, proposals have been received by the City of Larlsbad, California, for the inspection services of the Poinsettia Lane Bridge; and WHEREAS, the firm of Kercheval and Associates has been selected to perform the inspection services in the amount of $29,905; and WHEREAS, sufficient funds are available in Account No. 30-18- 40-3079 to cover the inspection costs; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. The above recitations are true and correct. 2. That an agreement between the City of Carlsbad and Kercheval and Associates for the inspection services of the Poinsettia Lane Bridge, a copy of which is attached hereto marked "Exhibit A" and made a part hereof is hereby accepted. 3, That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. 4. The Consultant fee of $29,905 by Kercheval and Associates for the inspection services of the Poinsettia Lane Bridge is hereby accepted. /// /I/ //I 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 98 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 17thday of July ¶ 1984, by the following vote, to wit: AYES: Council Wrs Casler, Lewis, Kulchin and Prescott NOES: None ABSENT: Council Member Chick ATTEST: LtTHA L. RAUTEN KRANL , City perk (SEAL) of -AGREEMENT FOR INSPECTION SERVICES FOR POINSETTIA LANE BRIDGE OVER THE RAILROAD (CONTRACT NO. 3079) THIS AGREEMENT, made and entered into as of the d aY by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," and KERCHEVAL AND ASSOCIATES, hereinafter referred to as "Consultant." REC I TAL S City requires the services of Kercheval and Associates to provide the necessary inspection services for Poinsettia Lane Bridge over the Railroad; and Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and a Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS The Consultant shall provide all necessary inspection services for the contruction of the Poinsettia Lane Bridge, as outlined on the attached Exhibit IIA". 2. CITY OBLIGATIONS - The City shall: A. Provide the name of the person who will be assigned as the City's representative for coordinating construction activites with the Consultant and any other City personnel assigned to the elements of work. B. All required soils tests. C. Issue all necessary permits. 3. PROGRESS AND COMPLETION The work under this Contract will begin with the construction of the bridge and after receipt of notification to proceed by the City and be completed with the completion of the bridge. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the City Engineer. In consideration of such requests, the City Engineer will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies' lack of timely action. 4. FEES TO BE PAID TO CONSULTANT The total amount of fee payable according to Paragraph 5, Payment of Fees, shall be $29,926. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7, Changes in Work. 5. PAYMENT OF FEES Payment of fees shall be on a monthly basis and per hours of inspection performed. -3- Q -. FINAL SUBMISSIONS Within fifteen (15) days of completion of the construction of --ne bridge, the Consultant shall deliver to the City the following _--.___- :terns: All final engineering certifications and documents indicating that all bridge construction work has been done in compliance with the plans and specifications. All changes made to the plans shall be indicated and shown on the plans. CHANGES IN WORK If, in the course of this Contract, changes seem merited by -:ne Consultant or the City, and informal consultations with the - - - ,Lher party indicate that a change in the conditions of the ,ontractis warranted, the Consultant or the City may request a _____- ._______ - .-nange in Contract. Such changes shall be processed by the City in - ______- -ne following manner: A letter outlining the required changes ----__I __ . - .- .Anall be forwarded to the City or Consultant to inform them of the -.-,”.-----* -*oposed changes along with a statement of estimated changes in -_ - __ __ -1narges or time schedule. After reaching mutual agreement on the - - -- - - - roposal, a supplemental agreement shall be prepared by the City ._--znd approved by the City Council. Such supplemental agreement - _I__ - - _- --_-- -----znall not render ineffective or invalidate unaffected portions of zne agreement. Changes requiring immediate action by the -- --r;~nsultant or City shall be ordered by the City Engineer who will -----I-- nform a principal of the Consultant’s firm of the necessity of --.._ll-l__ -z..-.-zsilch action and follow up with a supplemental agreement covering --- - ---such work. II! -4- 8. DESIGN STANDARDS The Consultant shall perform inspection services, per plans and specifications in accordance with the design standards of the City of Carlsbad and recognized current design practices. Applicable City of Carlsbad Standards, regional standards, and CalTrans Standards shall be used where appropriate. 9. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 10. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Consultant’s failure to prosecute, deliver, or perform the work as provided for in this Contract, the City may terminate this Contract for nonperformance by notifying the Consultant by certified mail of the termination of the d -4- 8. DESIGN STANDARDS ~ The Consultant shall perform inspection services, per plans and specifications in accordance with the design standards of the City of Carlsbad and recognized current design practices. Applicable City of Carlsbad Standards, regional standards, and CalTrans Standards shall be used where appropriate. 9. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 10. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this Contract, the City may terminate this Contract for nonperformance by notifying the Consultant by certified mail of the termination of the -5- Contract. The Consultant, - thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the City Engineer. The City Engineer shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Consultant has performed which is usable and of worth to the City in having the Contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Contract. Final payment shall -be in compliance with the Code of Federal Regu 1 at ions. 12. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under 'the provisions of this Contract, shall be reduced to writing by the principal of the Consultant or the City Engineer. A copy of such 4ocumented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Engineer or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the i. i .- -6- problem. In such- cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 13. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services of inspection for Poinsettia Bridge and any payments made to Consultant are compensation solely for such services. 14. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. 15. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent Contractor and in pursuit of Consultant's independent calling, and not as an employee of the City. Consultant. shall result to be accomplish be under con t ro 1 d and th person project, but shall consult with the City request for proposal. 16. CONFORMITY TO LEGAL REQUIREMENTS -7- of the City only as to the el assigned to the as provided for in the The Consultant shall cause all inspections and reports to conform to all applicable requirements of law: Federal, State, and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 17. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this Contract is terminated, all documents, plans, specifications, drawings, reports and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the plans for his/her records. 18. HOLD HARMLESS AGREEMENT The City, its agents, officers and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any act or omission of -8- Consultant or Consultant's agents, employees or representatives. Consultant agrees to defend, indemnify and save free and harmless the City and its authorized agents, officers, and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities or claims by reason of alleged defects in any plans and specifications, unless the liability or claim is due, or arises out of, solely to the City's negligence. 19. ASSIGNMENT OF CONTRACT The Consultant shall not assign this Contract or any part thereof or any monies due thereunder without the prior written consent of the City. 20. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this Contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Contract shall create any Contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. -9- 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction or material supply Contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this Contract shall become directly or indirectly interested personally in this Contract or any part thereof. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this Contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, Hold Harmless Agreement, all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors and assigns. - 10 - 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 25. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad. The Consultant shall report investments or interests in real property. IN WITNESS WHEREOF, we have hereunto set our hands and seals. KERCHEVAL AND ASSOCIATES: CITY OF CARLSBAD: By Title lqayor APPROVED AS TO FORM: ATTESTED : Assistant City Attorney City Clerk - 11 - EXHIBIT 'A' INSPECTION SERVICES FOR POINSETTIA LANE BRIDGE (CONTRACT NO. 3079) Generally Kercheval and Associates, Inc., hereinafter referred to as "Consultant", would provide contract inspection services, assist in contract administration, and provide certain field testing related to the construction of the Poinsettia Lane Bridge. Specifically the work to be provided by Consultant would include, but not be limited to, the following items: 1. Assisting the City in securing bids, analyzing bid results, and recommending the award of the contract. 2. Attending pre-bid and pre-construction conferences. 3. Providing general consultation and interpretation of the plans and specifications. During the contract period, the Consultant will administer the construction contracts for the City. Any necessary change orders will be prepared in writing and will have the prior approval of the City. 4. Providing a qualified Project Engineer/Resident Inspector and other inspectors as necessary for detailed technical inspection during construction to insure conformance of the work to the plans and specifications. In addition, experienced engineers will be available to address any field problems. The Project Engineer will prepare monthly estimates of monies due the Prime Contractor and submit these to the City. 5. Providing checks on the field staking prior to the beginning of construction and other checks for maintaining vertical and horizontal control during construction in cooperation with the - 12 - Contractor to assure all construction is done in compliance with the lines, grades, and elevations which are indicated on the contract documents. 6. Maintaining accurate records pertaining to all elements of design, contract administration, inspection, and quality control. 7. Performing a final field inspection with the City to ascertain if all work has been completed in compliance with the plans and specifications. Approval of final payment and release of all retained monies will not be made until all deficiencies have been corrected to the satisfaction of the Consultant and City of Carlsbad. 8. Preparing as-built drawings for the completed project. 9. Accept and retain a copy of all survey notes from the Contractor's Surveyor. 10. Maintain daily diaries which contain, as a minimum, the following information: A. Description of all construction activity. 6. Description and duration of all delays in the work. C. Problems that arise and solutions to them. 0. Record of damage or problems to existing structures due to E. Record of coordination with other testing and City construction or other causes. personnel. - 13 - Cost of Inspection Services for Poinsettia Lane Bridge (Contract No. 3079) Cost Personnel or Equipment Units 8ridge Inspector 80 x $280.00/day Project Manager 40 hrs. x 23 x 2.3 Pickup Truck 6 mo. at $225.00/mo. *Survey Equipment Rental 6 mo. x $100.00 Field Office Trailer 6 mo. x $125.00 Furniture 6 mo. x $50.00 Cy1 inder Breaks 24 pairs SUBTOTAL TOTAL * For Bridge Inspections, and Surveying $22,400.00 2,116.00 1,350.00 600.00 750.00 300.00 $27,516 .OO- 2,400.00 $29,916.00 ** Bridge Testing by Testing Engineers